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Foreigners Buying in the USA

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Clarence Gong
  • Rental Property Investor
  • China
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LLC with Land trust? Which state to

Clarence Gong
  • Rental Property Investor
  • China
Posted Mar 27 2019, 22:28

Hi BP family,

I’m a overseas rental property investor started not long ago. Trying to get educated as much as possible and the more I get into it, the more complicated seems.

1, As for foreign investor, which state is the best choice to register a LLC or Series LLCs? Texas? Nevada? Wyoming? Maybe it got nothing to do with if you are a foreign national. It's all down to where is the best place to protect your assets?

2, My understanding is: Land trust solves the issue of anonymity; LLC protects them. Is that correct? So do I need both?

I would appreciate any referral or lead that handles my situation, as being foreign national, buying multiple properties, most important of all, protection for properties and anonymity. 

Love to hear from all you experts and appreciate your input!

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Bruce Lynn#2 Real Estate Agent Contributor
  • Real Estate Broker
  • Coppell, TX
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Bruce Lynn#2 Real Estate Agent Contributor
  • Real Estate Broker
  • Coppell, TX
Replied Mar 27 2019, 23:45

@Clarence Gong this you probably want to ask your attorney. My personal non-legal opinion is you don't want to use Land Trusts ever. I'm sure people here will argue with me about that....but it overcomplicates things. You may also have a big issue finding an attorney who really knows how to use them. It also depends where you invest. Some states and maybe even most states probably don't see them used much. I'm not sure you can ever be anonymous ....really. If we want to find you we can find you, but setting up some things just makes it a little more difficult. Don't over complicate things though. Get insurance and get each property in Series LLC and that should take of most of your problems. If you are using financing you may not be able to use a land trust anyway. And don't name your master or series LLC with a name that links it back to you like HK1 LLC or CG Texas LLC. Separate your addresses if you can... if for example you get one mail box for everything, now we can probably link you to the LLC when you use the same PO Box for other personal business, like where to mail your bank statements, or the address on your driver's license. That's where a lot of people mess up the confidentiality. You probably have to sign some documents in your name as well, so that can kill the confidentiality. Then again in some cases you probably do want to be found.....if your house is burning down....if there are some kind of liens on the house...city, HOA, etc. You don't want those notices to go unattended.

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Ronald Rohde
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#3 Commercial Real Estate Investing Contributor
  • Attorney
  • Dallas, TX
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Ronald Rohde
Pro Member
#3 Commercial Real Estate Investing Contributor
  • Attorney
  • Dallas, TX
Replied Mar 28 2019, 06:51
Originally posted by @Clarence Gong:

Hi BP family,

I’m a overseas rental property investor started not long ago. Trying to get educated as much as possible and the more I get into it, the more complicated seems.

1, As for foreign investor, which state is the best choice to register a LLC or Series LLCs? Texas? Nevada? Wyoming? Maybe it got nothing to do with if you are a foreign national. It's all down to where is the best place to protect your assets?

2, My understanding is: Land trust solves the issue of anonymity; LLC protects them. Is that correct? So do I need both?

I would appreciate any referral or lead that handles my situation, as being foreign national, buying multiple properties, most important of all, protection for properties and anonymity. 

Love to hear from all you experts and appreciate your input!

I would still form an entity in the state where you are holding the property. Series LLC for Texas assets is an option.

We can implement other tools to provide anonymity even for LLCs. I represent foreign nationals in a variety of transactions, happy to connect via WeChat, e-mail.

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Jerel Ehlert
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  • Austin, TX
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Jerel Ehlert
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  • Attorney
  • Austin, TX
Replied Mar 28 2019, 12:06

If you are just getting started, there are numerous threads asking many common topics.  Reviewing them will save you the time of posting and hoping someone answers with relevant info.